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Posted on: June 19, 2020

PROCLAMATION OF THE CHAIRPERSON OF THE BOARD OF SUPERVISORS OF COCONINO COUNTY PURSUANT TO A.R.S. §

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PROCLAMATION OF THE CHAIRPERSON OF THE BOARD OF SUPERVISORS OF COCONINO COUNTY PURSUANT TO A.R.S. § 26-311 AND THE DECLARATION OF EMERGENCY IN COCONINO COUNTY 

WHEREAS, on March 11, 2020, the Governor of the State of Arizona, Douglas A. Ducey, declared that a State of Emergency exists in Arizona due to the COVID-19 pandemic; and 

WHEREAS, on March 18, 2020, the Coconino County Board of Supervisors declared a local emergency pursuant to A.R.S. § 26-311 in response to the COVID-19 pandemic; and 

WHEREAS, on March 18, 2020 a sample originating in Coconino County was tested at the Arizona State Public Health Laboratory and results were found to be a presumptive positive for COVID-19; and  

WHEREAS, individuals with COVID-19 have a wide range of symptoms, ranging from mild symptoms to severe illness; and 

WHEREAS, COVID-19 can cause severe medical complications, including pneumonia, organ failure, and acute respiratory distress syndrome among others, and lead to death in some people; and 

WHEREAS, the spread of COVID-19 has had a significant impact on local health resources, as of 6/17/2020 26% of all cases in Coconino County required hospitalization, 23% of those hospitalized residents were in the intensive care unit, and 17% were intubated; and 

WHEREAS, as of 6/19/2020, there are 1,408 positive cases in Coconino County and at least 87 deaths have been attributed to COVID-19; and  

WHEREAS, as of this date, there are 46,689 cases in the State of Arizona, and 1,312 deaths have been attributed to COVID-19; and 

WHEREAS, it is apparent that there is significant community-based transmission of the COVID-19 virus in Coconino County and wearing a face covering may prevent the person wearing the mask from spreading droplets when talking, sneezing or coughing thereby reducing community transmission of the virus; and 

WHEREAS, according to the U.S. Centers for Disease Control and Prevention (CDC), the best way to prevent illness is to avoid exposure, by avoiding close contact (at least 6 feet apart) with others, staying home as much as possible, and avoiding gatherings of groups of 10 or more; and 

WHEREAS, the CDC recommends the use of face coverings in public settings where social distancing is difficult as the virus can spread from individuals with no symptoms (“asymptomatic”) or who have not yet developed symptoms (“pre-symptomatic”); and 

WHEREAS, the COVID-19 outbreak, its impact in Coconino County, and its continued spread in the County and the State, present conditions in Coconino County that endanger the life and health of individuals within the County and justify this Proclamation; and 

WHEREAS, pursuant to A.R.S. § 26-311 and the Declaration of Emergency issued by Coconino County, the Chairperson of the Board of Supervisors of Coconino County is authorized to govern by proclamation and make necessary and appropriate orders to preserve the peace and order of the unincorporated areas of the County; and 

WHEREAS, pursuant to Executive Order 2020-40 issued on June 17, 2020, a county may take action to require the wearing of face coverings in public for the purpose of mitigating the spread of COVID-19; 

NOW THEREFORE BE IT PROCLAIMED AND IMPOSED AS FOLLOWS: 

To mitigate the spread of COVID-19, protect the public health, and provide essential protections to vulnerable residents of Coconino County, it is reasonable and necessary to impose certain requirements on residents of and visitors to Coconino County when they are present in public spaces in the unincorporated areas of Coconino County; 

The following regulations are necessary for the protection of health and life and, in accordance with CDC Guidelines, I hereby order, effective June 20, 2020 at 12:00 PM. 

 All individuals older than 2 years of age must wear face coverings at all times while within the unincorporated areas of Coconino County under the following circumstances: 

When in public indoor spaces if another person is present. 

When in public outdoor spaces if another non-household person is less than 6 feet away. 

When in the public areas of any business or government building.  

When waiting in line indoors and outdoors. 

The requirement to wear face coverings does not apply to children under 2 years of age, or anyone who has trouble breathing, or is unconscious, incapacitated or otherwise unable to remove the mask without assistance. Parents and guardians of children age 3 to 5 years old shall use their best efforts to keep face coverings on their children as required by this Proclamation. 

A face covering as required by this Proclamation can be made from a tight-fitting cloth, fabric or other permeable material without holes. The CDC suggests wearing a tight-fitting cloth mask using two layers of tightly woven 100 percent cotton fabric folded in multiple layers. 

A face covering is not required:

When at home; 

While eating or drinking; 

While working alone in a workspace when six feet of physical distance is present; 

When alone in a vehicle or in a vehicle with household members; 

When exercising outdoors alone or with household members; 

When swimming. 

Consistent with the Governor’s Executive Order 2020-40, before any enforcement action is taken to enforce this Proclamation under A.R.S. § 26-317 (a class 1 misdemeanor), a person failing to wear a face covering as required by this Proclamation shall be notified that face coverings are mandatory in public places and given an opportunity to comply.  

Upon an individual’s second time failing to wear a face covering as required by this Proclamation, the individual again shall be notified that face coverings are mandatory in public places, given an opportunity to comply, and given a warning that another incident shall result in a citation.  

Finally, if a person refuses to wear a face covering or leave a public place after both a notification and a warning, the person is in violation of this Proclamation.  Pursuant to A.R.S. § 26-317, violation of this Proclamation is a class 1 misdemeanor subject to the following penalties:  1) up to a $2,500 fine, 2) 6 months in jail, and, 3) 3 years of probation. 

 The use of face coverings does not eliminate the need to follow physical distancing requirements issued in the Governor’s Executive Order 2020-36 and as directed by CDC and Arizona Department of Health Services guidelines. 

The local impact of the COVID-19 pandemic continues to change and additional orders may be forthcoming as necessary and appropriate. 

If any provision of this Proclamation or its application to any person or circumstance is held invalid by any court of competent jurisdiction, this invalidity affects no other provision or application of this Proclamation. Those provisions that remain valid shall be given effect without the invalid provision or application. To achieve this purpose, the provisions of this Proclamation are declared to be severable. 

This Proclamation will remain in effect until modified or rescinded. 

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